POLS 1101 1st edition Lecture 27Outline of Previous LectureI. Logic of Collective ActionII. IncentivesIII. Insider LobbyingIV. Interest Group Politics: Controversial & ThrivingOutline of Current Lecture I. Federal & State CourtsII. JustifiabilityIII. Circuit Court of AppealsIV. Supreme Court JurisdictionV. Federal JudgesCurrent Lecture I. Federal & State Courts U.S. Supreme Court Circuit Court of Appeals U.S. District Courts State Court of Last Resort Intermediate Courts Trial Courts Georgia has 3 federal district courts There are 12 U.S. Circuit Courts of Appealso If you have an appeal from the district court in Atlanta it will go to the 11th circuit court Limited Jurisdictiono Federal courts are courts of limited Jurisdictiono They are limited for efficiency States create laws and the ability for people to sue each other and that is for state courts Federal courts can only hear cases over which they have subject matter jurisdictiono Cases arising under the US Constitution or federal lawo Cases in which the Federal Government is a partyo Cases between statesThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o Cases between citizens of different states over $75,000 (Diversity Cases)o Maritime law – if you are boating on the ocean or it is a case concerning a countryo Cases involving foreign countries Federal courts can’t do whatever they want and take whatever cases they want, they are restrictedII. Justifiability The Constitution defines judicial power as extending to “cases and controversies” This means:o No advisory opinionso Parties must have standing – the right of an individual or organization to initiate a caseo The issue must not be moot – a case that no longer requires resolution Defunis v. Odegaard (1974)o No political questions Vieth v. Jubelirer (2004) - Gerrymandering District Courts must have personal jurisdiction – typically this means the parties to the case must either reside within the District or have ties to the DistrictIII. Circuit Court of Appeals If you lose a court case than you can appeal to the Court of Appeals District courts are trial courts, district court decisions on matters of law are appealable to a Circuit Court of Appeals 3 Judge panel, selected at random Re-hearing en banc – when you don’t like the decision of the Circuit Court of Appeals so you can ask for a rehearing On an appeal, a Circuit Court can:o Affirm the decision of the District Court (i.e. let it stand)o Look at the restIV. Supreme Court Jurisdiction The Writ of Certiorario When the court picks which cases it wants to hearo 75-80 cases per term are selectedo The “Rule of 4” Only 4 justices have to agree to grant a writ of certiorariV. Federal Judges Appointed by the President Subject to the advice and consent of the Senate Serve for life on “Good Behavior” Federal judges’ salaries are set by Congress. The Constitution provides that the compensation of an Article III judge may not be reduced during their tenure By law, the Supreme Court has nine justices – Congress and the Executive Branch can adjust the number of justices by statute How the Judges are nominatedo Party affiliationo Competency/ABA Ratingo Ideologyo Judicial Diversity – for a long time Judges were rich white meno Confirmability – The President can nominate the most qualified person in the world, but at the end of the day the Senate must confirm that nominee. That nominee must have 60 votes Confirmationso Hyper-Partisano Media Attention – Sometimes when the media focuses so much attention on a nominee it can sometimes sink the nominees chanceso Interest Groupso Robert Bork – was nominated by President Reagan, he was not successfully confirmed. Bork : when a Judge is nominated but is not approved by the Senateo Ginsburg Ruleo Once Judges are confirmed they Judicial Review- If a law violates the Constitution the Judges must strikedown that law Overturning Decisionso Statutory Interpretation – very easy to overturn their decision Congress/President by Statuteo Constitutional Interpretation – extremely difficult Constitutional Amendmento The Court can overturn itself Paradox of Judicial Reviewo A group of Judges who are not elected & who serve life terms are intended to preserve a republico They uphold minority rights, but often reflect majoritarian opinionso They prevent the majority from abusing minorities – but not
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